A Study On Subrogation Execution System

Subrogation execution is a system which means during the civilian implementation process, when debtor cannot pay off the debts and enjoy maturity debt to a third party, the People’s Court based on execution applicant’s application, the people’s court notice the case directly to third person to perform its debts on the execution applicant, and undertakes the legal obligation. As a special implementation method of execution creditor’s rights, subrogation execution has the feature of diversity of executive main body, hierarchy of the subject matter and the particularity of execution judgment. The subrogation enforcement regime, which is of great significance for it conforms to china’s social development and requirements, protect the legitimate rights, the interests of the creditors and the stability of the relationship between civil law is established in the light of the Supreme People’s Court on the application of the Civil Procedure Law of the People’s Republic of China and Provisions on the implementation of the People’s Court. With the development of having more economic exchanges and increasing debt disputes, subrogation execution will play a more important role in our society. However, China’s current legislation on the performance of provision is too principle and program regulation is not close. And there are still too many insufficiencies in the executable claims scope, the third person objection, implementation measures, the parties, and the rights protection and so on. All these make the weakness of subrogation in practice and influence its development. Subrogation execution, an important execution system concerning legislation, in the main countries and regions in the world, is mostly in their own regulations of the civil procedure law enforcement or method in the basic law. And the execution procedures are detailed, system is scientific and complete, which in practice received good effect. As the proverb said stones from other places can attack the jade ore, the overseas advanced legislation experience has an important significance to our country legislation. We needs to solve a premise, subrogation execution legislation pattern selection, before perfect our subrogation execution system. As a manner of execution, subrogation execution belongs to the category of law enforcement. Its system design must be in harmonious with the method to enforce the legislative model, so that it can ensure the effective operating of the execution procedures. The compulsory execution law structure mode represented by Germany and Japan’s which aims at achieving the civil substantive rights, coordinating the Compulsory Enforcement Act and Civil substantive law, and solve the inner contradictions of procedure and implementation measures of the structures, is a more scientific legislation pattern, and is worth of reference. On the basis of these theories, the author thinks that subrogation execution system can be improved from the aspect of a scientific definition creditor’s rights, reform of the third objection system, improvement of the execution measure,construction of executive security system, and so on, so as to form and exert scientific and complete system.